If you or a member of your family has recently suffered any type of life-changing injury due to the actions of another party, it is crucial that you consult a Cleveland catastrophic injury lawyer as soon as possible. You likely have grounds for legal recourse if the other party’s negligence or misconduct directly caused the injury, and you may be entitled to more compensation than you initially expected. The right attorney can help you maximize your recovery.
Kampinski & Roberts, LPA, can help you better understand your legal options in the aftermath of a catastrophic personal injury. A personal injury qualifies as “catastrophic” when it causes significant long-term or permanent harm to the victim, which could mean disability and/or disfigurement. They could be unable to work and earn income due to their condition, and they may struggle to live independently because of their disability.
These injuries are psychologically damaging as well as physically painful. Coming to terms with a disability and restructuring your life around it is challenging enough, but knowing the injury was the result of another party’s negligence or misconduct adds frustration to an already strong mix of emotions. You deserve accountability and compensation for your damages. Whether you are seeking compensation on your own behalf or on behalf of a loved one, we can help.
A Cleveland catastrophic injury lawyer is the ideal asset to have on your side in this situation. While you focus on recovery and your personal obligations, your attorney can help you build an effective claim that seeks maximum compensation for your damages. Successfully recovering compensation will require proving exactly how your injury happened, identifying the party responsible for causing it, and proving the full extent of your claimable damages.
With our team’s assistance, you and your family can focus on recovery while we build a compelling civil suit aimed at securing maximum compensation for your damages. The potential value of your case will vary based on multiple factors, such as the overall severity of the injury, the scope of the long-term or permanent effects it has caused, and the manner in which the defendant caused the injury. Our goal is to help you maximize compensation for your damages.
Even if fault for your recent injury seems perfectly apparent, do not make the mistake of assuming that you can handle any type of personal injury case unassisted, especially a catastrophic injury claim. Personal injury cases in Ohio are subject to strict procedural rules and filing deadlines, and any mistakes in the handling of your case could jeopardize your ability to recover compensation for your damages.
Your Cleveland catastrophic injury lawyer at Kampinski & Roberts, LPA, will listen to your story, review the evidence available that can help you prove how the injury happened, identify the party responsible for your damages, and prepare you for the legal process to recover compensation for your losses. We will develop a strategy aimed at maximizing your recovery as efficiently as possible.
Before the plaintiff in any personal injury case will be able to recover compensation for their damages, they will need to identify the party who caused those damages and then prove the full extent of their losses. The damages available in your case will depend on the nature and severity of your injury. Some of the most commonly reported catastrophic injuries include:
Determining the cause of a catastrophic injury is the first step in recovering compensation and ensuring accountability for the at-fault party. These injuries most commonly occur from motor vehicle crashes, workplace accidents, and defective consumer products. Most of the incidents that cause personal injuries throughout the Cleveland area are the result of negligence, which is defined as any failure to use reasonable care or a failure to uphold a specific duty of care.
Kampinski and Roberts, LPA, can prove the exact cause of your catastrophic injury and who is responsible for causing it. If the injury was the result of negligence, we will identify the defendant who caused it, prove they had a duty of care in the situation that they breached in some way, and then prove that this breach of duty directly caused the injury. We must also prove causation, meaning the evidence shows the damages did not occur from any other cause.
If another party in Cleveland is responsible for your personal injury, they are liable for all associated damages. Depending on how they caused your injury, insurance may pay for some of these damages. For example, if you suffered a serious injury in a car accident, the other driver’s insurance may pay for some of your medical expenses and other resulting losses. However, insurance may not come into play in some cases.
Under the state’s personal injury laws, an injured plaintiff is eligible to claim full repayment of all economic damages they suffered because of a defendant’s actions, and this may entail compensation for anticipated future losses resulting from the incident in question. These typically include:
Economic damages in a catastrophic injury claim may be substantial, but they are only part of the total compensation you could be eligible to claim from the defendant in your case. State law also allows the victim of a personal injury to seek compensation for their non-economic damages, but there are limits to how much they can claim in most personal injury cases. However, these limitations do not apply to many catastrophic injury claims.
Ohio law typically limits non-economic damages in personal injury cases to the greater of $250,000 or three times the total of the plaintiff’s economic damages, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence. However, these limits are lifted when a plaintiff has suffered permanent and substantial physical disability or deformity, the loss of a bodily organ system, or the loss of use of a limb.
The cap on non-economic damages also does not apply if a plaintiff is so severely injured that they are no longer able to care for themselves independently. Many victims of catastrophic injuries are left unable to work or live independently, and many will require constant in-home care along with ongoing rehabilitative treatments, all while struggling to cope with the permanent effects of their injuries.
Your Cleveland catastrophic injury lawyer can help you determine whether any statutory caps apply to pain and suffering compensation in your case and assist you in maximizing this aspect of your recovery. Generally, the more serious your injury, the more you can obtain in pain and suffering compensation. Kampinski & Roberts, LPA, is prepared to do everything we can to ensure you receive the compensation you deserve for your injury.
When you believe another party is directly responsible for inflicting a catastrophic injury, time is a crucial factor in pursuing compensation for your damages. We must not only identify the defendant who caused the injury and prove the full extent of the damages they caused, but also file your claim within the statute of limitations. Regardless of the merits of your claim, you cannot seek compensation if you do not file your claim within the applicable time limit. Learn more about Ohio’s personal injury laws and filing requirements by visiting the Ohio Revised Code.
For most personal injury claims in the state, the statute of limitations is two years from the date the injury occurred. However, there are some circumstances in which the statute of limitations tolls or pauses. It is important to consult an attorney as soon as possible to ensure you meet the deadline for filing your claim.
Your case must include a clear explanation of the incident that caused your catastrophic injury, the evidence and testimony you have to prove fault for the incident, and a list of the resulting damages. Once you enter your case with the court, your attorney can direct you through subsequent proceedings to help you recover compensation for your damages.
After proving fault for your catastrophic injury and showing the full extent of your damages, the defendant may accept liability and agree to negotiate a settlement with you, or they may deny liability, and the case will proceed to litigation. Kampinski & Roberts, LPA, prepares every personal injury case we accept for trial to ensure our client has the chance to maximize their recovery with a trial award.
During litigation, each side of the case will have the opportunity to present evidence and witness testimony, cross-examine each side’s witnesses, and make arguments before the judge or jury. Kampinski & Roberts, LPA, has an extensive record of successful trials; we know how to argue fiercely on behalf of our clients’ interests and have succeeded in securing many substantial case awards for victims of catastrophic injuries in the Cleveland area.
When you hire Kampinski & Roberts, LPA, to handle your catastrophic injury case, we will provide consistent updates on your case’s progress, prepare you for each new phase of your proceedings, and do everything we can to streamline your recovery process.
Experiencing any type of catastrophic injury can be life-changing for the victim and their family. The victim may not only face coping with the permanent effects of their injury, diminished ability to work and earn income, and struggling to handle daily household tasks but also the psychological impact of a drastically changed lifestyle. Their family will face similar challenges as the family works toward coming to terms with their new reality.
This can be a very difficult time for any family, and experienced legal counsel is an invaluable asset to have on your side when you believe another party is directly responsible for inflicting a serious injury on you or a loved one. Kampinski & Roberts, LPA, has successfully resolved many challenging personal injury cases, and you can expect responsive and results-driven legal counsel from our team through every stage of your case.
Success with a catastrophic injury claim not only requires careful planning and attention to detail when it comes to the evidence needed to establish liability but also for proving the full extent of the damages a plaintiff is legally eligible to claim from a defendant. Our goal for your case is maximum recovery in the most efficient manner.
Do not delay in securing the legal counsel you need for this challenging case. You face a time limit for filing the case with the court, and it will take time to gather all of the supporting evidence we may need in order to firmly establish liability and show the full extent of the losses you suffered. Close attention to detail is essential for success in a catastrophic injury claim, and our attorneys can help you accurately assess the full potential value of your case.
During an initial consultation with our team, we will examine the details of your injury and review the evidence available to determine whether you have grounds for a personal injury suit. If so, we will explain the first stages of the case and how our team can assist you. Due to the time limit you must meet, it is imperative that you consult our firm as soon as possible after the injury.
If you have concerns about the potential cost of hiring legal counsel, we work on contingency. This means that you do not pay upfront or ongoing attorneys’ fees for our representation. Instead, we charge a percentage of the total compensation we recover on your behalf, but only if we are successful in securing compensation for your damages. There is no fee if we are unable to obtain a settlement or verdict on your behalf, so there is no risk in hiring our firm to represent you.
You have a limited time in which to pursue your recovery, and the first steps you take in the aftermath of a serious personal injury are crucial. Kampinski & Roberts, LPA, is ready to help you build a comprehensive civil suit aimed at securing maximum recovery. Contact us today and schedule a free consultation with a trustworthy Cleveland catastrophic injury lawyer about your case.